New York Public Health Law Section 4303 - Manner of executing anatomical gifts.

New York Public Health Law Section 4303 - Manner of executing anatomical gifts.

4303. Manner of executing anatomical gifts. 1. A gift of all or part
of the body under this article may be made by will. The gift becomes
effective upon the death of the testator without waiting for probate. If
the will is not probated, or if it is declared invalid for testamentary
purposes, the gift, to the extent that it has been acted upon in good
faith, is nevertheless valid and effective.

2. A gift of all or part of the body under this article may also be
made by document other than a will. The gift becomes effective upon the
death of the donor. The document, which may be a card designed to be
carried on the person, must be signed by the donor. Delivery of the
document of gift during the donor's lifetime is not necessary to make
the gift valid.

3. The gift may be made either to a specified donee or without
specifying a donee. If the latter, the gift may be accepted by and
utilized under the direction of the attending physician upon or
following death. If the gift is made to a specified donee who is not
available at the time and place of death, the attending physician upon
or following death, in the absence of any expressed indication that the
donor desired otherwise, may accept the gift as donee. The physician who
becomes a donee under this subdivision shall not participate in the
procedures for removing or transplanting a part.

4. Subject to the prohibitions in subdivision two of section four
thousand three hundred six the donor may designate in his will, card or
other document of gift the surgeon or physician to carry out the
appropriate procedures. In the absence of a designation, or if the
designee is not available, the donee or other person authorized to
accept the gift may employ or authorize any surgeon or physician for the
purpose.

5. Any gift by a person designated in subdivision two of section four
thousand three hundred one of this article shall be by a document signed
by him or her or made by his or her telegraphic, recorded telephonic, or
other recorded message. Where a gift is made under this subdivision,
either: (a) the donor shall indicate in the document or message that he
or she has no actual notice of contrary indications by the decedent and
no reason to believe that an anatomical gift is contrary to the
decedent's religious or moral beliefs; or (b) an agent of the federally
designated organ procurement organization or of the donee shall make
reasonable effort to inquire of the donor or otherwise determine that
the donor has no actual notice of contrary indications by the decedent
and no reason to believe that an anatomical gift is contrary to the
decedent's religious or moral beliefs.